On Promoter System For Company Limited

Ascertaining promoters is the starting point of establishing a company limited. Whether the promoters having made an elaborate design for the company to be established or not, whether having enough knowledge and plan about the establishment process or not, whether having enough investment on the company or not and whether they themselves having relative legal qualifications or not are related to the success of establishing the company, the interest of established company, the lawful rights of the investors and the other traders. Starting from the implication of the promoter, this essay discusses qualification, position, behavior, right, obligation and responsibility of/for the promoter in five chapters. To be detailed, the respective chapter has the contents as follows:In the first Chapter, starting from the implication of the promoter, it studies whether the promoters have relative capacity, status, domicile, nationality, members or not.In the second Chapter, it discusses legal position of the promoters. At first, it analyzes the legal nature of the company being established. Then, it makes an emphasized study on the legal relation between the promoters and the company being established on the basis of the company being established, and makes simply analysis on the legal relation between the promoters and the subscribers, and the shareholders, and the creditors, and the company established.In the third Chapter, it studies actions of the promoters and characteristics of regulating actions of the promoters by the two law families as well as ways of shifting effect of actions of the promoters to the company established.In the fourth Chapter, it simply discusses the promoters' rights such as optional rights of investment and establishment mode, petition right of the special interest, petition right of payment, petition right of the paying back the establishment cost, and the promoters' obligations such as obligation of investment, obligation of diligence and obligation of credit.In the five Chapter, it discusses the civil legal responsibility of the promoters when the company is established and the civil legal responsibility of the promoters when the company is not established. Meanwhile, it makes an primary study on the ways for the interested parties to sue the promoters.